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1989 Supreme(Raj) 326

M.C.JAIN
Rajasthan State Road Transport Corporation – Appellant
Versus
Chandi Bai – Respondent


Advocates Appeared:
S.N. Sharma, for Appellant

MILAP CHANDRA, J.—This appeal has been filed under section 110-D Motor Vehicles Act, 1939 (hereinafter called the Act) against the order of the Motor Accident Claims Tribunal, Bhilwara dated January 10, 1989 passed under section 92-A of the Act. The facts of the case giving rise to this appeal may be summarised thus.

2. The claim petition under section 110-A of the Act has been filed by the respondents with the allegation in short, that Bus No. RRQ 6020 was going from Bhilwara to Deogarh on March 10, 1987, the deceased Nandlal was going on a bullock-cart, the driver of the bus suddenly stopped the bus and as a result thereof the pipes lying on the roof of the bus fell down on the deceased due to jerks of the bus, he received serious injuries and after some hours he died. Along with the claim petition, an application under section 92-A of the Act was moved. The appellant filed its reply seriously opposing it. After hearing the parties, the Tribunal directed the appellant to make payment of Rs. 15,000/- to the claimants by its order under appeal.

3. It has been contended by the learned counsel for the appellant that from the averments in the claim petition it cannot be said that the ac





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